USA v. Moscoso-Reyes, No. 22-50668 (5th Cir. 2023)

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Case: 22-50668 Document: 00516638136 Page: 1 Date Filed: 02/07/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-50668 Summary Calendar ____________ FILED February 7, 2023 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Veronica Moscoso-Reyes, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 4:22-CR-190-1 ______________________________ Before Higginbotham, Graves, and Ho, Circuit Judges. Per Curiam: * The attorney appointed to represent Veronica Moscoso-Reyes has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Moscoso-Reyes has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50668 Document: 00516638136 Page: 2 Date Filed: 02/07/2023 No. 22-50668 concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2. We note, however, that there is a clerical error in the written judgment. The judgment lists the penalty provision as “§ 1324(A)(1)(b)(II),” but the provision is § 1324(a)(1)(B)(ii). We therefore REMAND for correction of the clerical error in the written judgment. See Fed. R. Crim P. 36. 2

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